News & Publications Results
|Supreme Court of Canada Releases Right to Strike Decision: Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4
Less than two weeks after handing down one landmark case on the freedom of association, the Court released another such case last Friday, Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4. The significance of this decision is that the Court has ruled that the right to strike is a guaranteed right of freedom of association protected by Section 2(d) of the Canadian Charter of Rights and Freedoms. This is the first time the Court has declared that the right to strike is a constitutionally protected right.
|Tervita v. Canada (Commissioner of Competition): Supreme Court of Canada Merger Analysis Case
It has been quite some time since the Supreme Court of Canada considered the merger provisions contained in the Competition Act. On January 22, 2015, the SCC issued its decision in Tervita v. Canada (Commissioner of Competition), overturning the decision of the Federal Court of Appeal that had required Tervita to divest its interest in Babkirk Landfill Services Inc., a company it had acquired in 2011. The Court agreed with the Commissioner of Competition’s position that the merger was likely to prevent competition substantially. However, the Court concluded that the efficiencies defence in s. 96 of the Act had been made out, in large part because the Commissioner had not met her burden of proving quantitative anti-competitive effects to offset the efficiency gains established by the merging parties.
|Peter Roberts discusses potential defamation liabilities associated with commenting on posted videos with CTV BC||20.1.15|
|Landmark Case on the Freedom of Association from the Supreme Court of Canada: Mounted Police Association of Ontario v. Canada (Attorney General), 2015 SCC 1
The Supreme Court of Canada released a judgment last Friday that strengthens and expands the protection of freedom of association under s. 2(d) of the Charter of Rights and Freedoms. The main issue in this case was the constitutionality of the employee association scheme for members of the RCMP, who are excluded from public sector federal labour relations legislation. Instead, members of the RCMP typically advance their workplace issues through the Staff Relations Representative Program (“SSRP”).
The majority of the Court struck down the impugned legislation as violating s. 2(d) of the Charter. Although the specific result of this decision has little direct impact on most employers, as most employers' employees have access to collective bargaining, many comments from the Court exemplify a broadening perspective on freedom of association, thereby strengthening employees’ rights to collective bargaining.
|New Anti-Spam Legislation Impacting the Installation of Computer Programs Now in Force
Canada's Anti-Spam Legislation (CASL) is most widely known as the legislation which, as of July 1, 2014, prohibits the distribution of unsolicited commercial electronic messages. However, the legislation also contains provisions (as outlined in section 8 of CASL) which aim to curtail malicious software such as malware and spyware by requiring express consent for the installation of computer programs on another person's computer system and mandating enhanced disclosure if the software performs certain prescribed functions. These provisions came into force today, January 15, 2015, and because they do not clearly distinguish between malicious software and software used for legitimate business purposes have been a topic of frequent discussion among those in the legal community and technology sector looking for additional guidance on how to comply.
|Marko Vesely appears on CBC's the Almanac and Global BC News discussing parental liability for children's actions||09.1.15|
|Amendments to Alberta’s Employment Pension Plans Regulation: Deadline Extensions and CBMEP Solvency Moratorium||30.12.14|
|A Cross Country Update – case summaries||29.12.14|
|Tell Me No Lies – The New Duty of Honesty in Contractual Performance
There has been a flood of commentary and discussion since the Supreme Court of Canada (“SCC” or the “Court”) decision in Bhasin v. Hrynew, 2014 SCC 71 (“Bhasin”) was issued on November 13th.
|Canadian mining companies face lawsuits over foreign activities||10.12.14|
|Court strikes down Yukon’s Peel watershed land use plan
Toby Kruger, Keith Bergner and John Olynyk discuss the Yukon Supreme Court in which the Court struck down the Yukon government’s Peel watershed regional land use plan because of the government’s failure to follow the process for developing that plan under final agreements (modern treaties) with the Na-Cho Nyak Dun, Tr’ondek Hwech’in and Vuntut Gwichin First Nations. The case marks the first time that a court has been asked to consider the meaning of land-use planning provisions contained in the Umbrella Final Agreement between Canada, Yukon and Yukon First Nations, which forms part of eleven final agreements across Yukon. Among other things, the final agreements provide First Nations with the right to participate in land and resource management decision-making processes for Crown lands, including land use planning processes, in exchange for the release of claims to Aboriginal rights or title to those lands.
Read more here.
|Alberta’s new Employment Pension Plans Act encourages innovation in plan design||01.12.14|
|Benefit changes inspire class action and other lawsuits
Craig Ferris was interviewed by the National Post about the growing area of pensions and benefits class actions and the elements that make pension rights ideal for class actions.
|User Fee Design by Canadian Municipalities: Considerations Arising from the Case Law
This article provides a detailed review of the existing Canadian case law to highlight key legal, technical, and administrative issues facing municipalities in designing and implementing user fees. The discussion focuses in particular on the principal legal tests for user fees and the application of those tests in specific cases.
|Streaming transactions are filling the financing gap and raising confidence in rough mining sector
In this article, Stuart Breen comments on how the use of stream financing is expanding as an innovative financing vehicle for mining companies.
|Discussion of sexual harassment in the workplace and what employers can do to ensure proper polices are in place to address allegations||06.11.14|
|Lawson Lundell Launches Real Estate Law Blog
Lawson Lundell is pleased to announce the launch of the Real Estate Law Blog.
Our Real Estate Law Blog provides brief commentary on current legal trends and developments affecting the real estate industry. The topics addressed in our Real Estate Law Blog are of interest to commercial real estate developers, real estate and strata agents, investors, landlords and tenants, as well as a variety of industry groups.
|After Tsilhqot'in - Aboriginal Issues for Project Proponents North of 60
Ever since the Tsilhqot’in decision was handed down by the Supreme Court of Canada in June, lawyers, journalists, economists and project proponents alike have been assessing the ruling’s impact on the development of natural resource projects in Canada.
This article focuses on the Aboriginal issues that arise in the context of project development in the Yukon, the Northwest Territories and Nunavut.
|Contract Law Update: Developments of Note
Each year, Lisa A. Peters reviews judgments dealing with contract law issues focusing on decisions of relevance to commercial lawyers and business leaders. This year she examines topics such as: the standard of review on contract interpretation issues; efficient breach; restrictive covenants; exclusion clauses; the intersection of contract law and conflicts of law; the interaction of entire agreement, arbitration and attornment clauses; and the contractual duties of good faith.
|Dragooning Google: How long is the online arm of the law?
On October 27 and 28, the British Columbia Court of Appeal heard the appeal in Equustek Solutions Inc. v. Jack, 2014 BCSC 1063, which will have significant implications for the ability of courts to deal with online wrongdoing, and which raises questions of how to balance a Court’s jurisdiction – and respect for the jurisdiction of other courts – with the worldwide reach of cyberspace, and to what extent foreign non-parties can be compelled to assist the Court when there is no claim against them.
Read more here.